Karnataka High Court
Sri. Ajay @ Ajaykumar vs State By Rural P. S. Chitradurga on 31 July, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC:30479
CRL.A No. 1278 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1278 OF 2024
BETWEEN:
SRI. AJAY @ AJAYKUMAR
S/O. KUMAR D.,
AGED ABOUT 25 YEARS,
COOLIE WORK,
R/AT INGALADAL VILLAGE,
CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577 501.
...APPELLANT
(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)
AND:
1. STATE BY RURAL P. S.,
CHITRADURGA,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU-560 001.
Digitally signed
by YAMUNA K L
2. SRI. CHANDRAPPA
Location: High
Court of S/O. JAWAN DYAMAJJA,
Karnataka AGED ABOUT 64 YEARS,
COOLIE WORK,
REDDIHALLI VILLAGE,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577 502.
...RESPONDENTS
(BY SRI. K. RAHUL RAI, HCGP)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING
TO SET ASIDE THE ORDER PASSED IN CRL.MISC.NO.722/2024
BY THE SPL. 2nd ADDITIONAL DISTRICT AND SESSIONS
-2-
NC: 2024:KHC:30479
CRL.A No. 1278 of 2024
JUDGE, CHITRADURGA ON 29.06.2024 AND ALLOW THE ABOVE
APPEAL BY ENLARGING THE APPELLANT ON REGULAR BAIL BY
ALLOWING THE APPEAL IN CRIME NO.129/2024 REGISTERED
BY RESPONDENT NO.1 (RURAL P.S., CHITRADURGA) FOR THE
OFFENCE P/US/ 304,504,506,201,202 R/W SEC.34 OF IPC AND
SEC.3(1)(r)(s),3(2)(v) OF SC/ST (POA) ACT PENDING ON THE
FILE OF THE SPL.2nd ADDITIONAL DISTRICT AND SESSIONS
JUDGE CHITRADURGA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
This appeal is preferred by accused No.2 praying to
set aside the order dated 29.06.2024 passed by the Court
of Special, II Additional District and Sessions Judge,
Chitradurga in Crl.Misc.No.722/2024 and to enlarge him
on bail in Crime No.129/2024 registered at Chitradurga
Rural Police station.
2. Initially, Crime was registered on the
information of the appellant herein, under Section 279 and
337 of IPC. It is stated that on 30.03.2024, at about 01:15
p.m., when deceased Devaraja, appellant and one
Vasantha were proceeding on a motorcycle bearing
NC: 2024:KHC:30479
registration No.KA-16-ES-8610, the said motor cycle met
with an accident and Devaraja succumbed to the injuries
sustained by him.
3. On 19.05.2024, father of the deceased lodged a
compliant alleging that his son Devaraja died in a quarrel
involving accused No.1- Rakesh and others. Hence, on a
requisition submitted by the police, sections 279, 337 and
304-A of IPC were altered and Sections 304, 504, 506,
201 and 202 read with Section 34 of IPC and Section
3(1)(r)(s) and 3(2)(v) of SC/ST (POA) Act, 1999 were
incorporated.
4. The learned Sessions Judge vide impugned
order has dismissed the petition filed by the appellant
herein under Section 439 of Cr.P.C.
5. The Learned High Court Government Pleader
submits that now the investigation is completed and
charge sheet is also filed.
6. The learned Sessions Judge has dismissed the
petition when the investigation was in progress.
NC: 2024:KHC:30479
7. The appellant is in custody since 19.05.2024.
Since the charge sheet is now filed, the learned counsel for
the appellant submits that he may be permitted to
withdraw the appeal with a liberty to approach the learned
Sessions Judge.
8. If the charge sheet is already filed, the
appellant is permitted to file a fresh petition under Section
439 of Cr.P.C. before the learned Session Judge and if any
such petition is filed, the same shall be considered and
disposed of in-accordance-with law, at the earliest.
9. With the above observation, appeal is
dismissed as withdrawn.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
LDC
